Part of a comprehensive analysis of the Resource Sustainability Act 2019
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Key Provisions and Their Purpose under the Resource Sustainability Act 2019: Packaging Reporting and Compliance
The Resource Sustainability Act 2019 (the Act) establishes a comprehensive framework to regulate packaging reporting, planning, and record-keeping by producers of specified packaging in Singapore. This framework aims to promote sustainability by encouraging reduction, re-use, and recycling (3R) of packaging materials. The key provisions in Part 4 of the Act delineate the obligations of producers, the definitions of relevant terms, and the penalties for non-compliance.
Section 19 serves as the foundational provision by defining critical terms used throughout this Part, ensuring clarity and precision in the application of the law. It defines terms such as “producer,” “specified packaging,” “regulated goods,” and “prescribed threshold criteria,” which are essential to identify the persons and materials subject to the Act’s requirements.
"19. —(1) In this Part, unless the context otherwise requires — ... " — Section 19, Resource Sustainability Act 2019
This definitional clarity is crucial because it establishes the scope of the Act’s application, preventing ambiguity about who must comply and what materials are regulated.
Section 20 imposes a mandatory reporting obligation on producers who meet prescribed threshold criteria. Specifically, producers must submit to the Agency a report relating to the specified packaging that is imported or used in the preceding year, with the report due two years after the relevant year.
"20. —(1) A producer of any specified packaging who fulfils the prescribed threshold criteria in any year (T) must, in year T + 2, submit to the Agency a report relating to the specified packaging that is imported or used in year T + 1." — Section 20, Resource Sustainability Act 2019
This provision exists to ensure that the Agency receives accurate and timely data on packaging usage, which is essential for monitoring environmental impact and formulating sustainability policies.
Section 21 complements the reporting requirement by mandating that producers submit a 3R plan aimed at reducing, re-using, or recycling packaging in Singapore. This plan must be submitted alongside the report and applies regardless of whether the packaging is imported or used by the producer.
"21. —(1) A producer required by section 20 to submit a report under that section must also submit to the Agency a plan to reduce, re‑use or recycle packaging in Singapore (whether or not the packaging is imported or used by the producer)." — Section 21, Resource Sustainability Act 2019
The purpose of this provision is to actively engage producers in sustainability efforts, moving beyond mere reporting to concrete action plans that contribute to environmental conservation.
Section 22 sets out the procedural requirements for the submission of reports and plans, including the Agency’s authority to require rectification and resubmission if the documents are incomplete or inaccurate.
"22. —(1) A requirement to submit a report or a plan under this Part to the Agency is a requirement to do so in accordance with any requirements prescribed under section 52 for the report or plan, including its preparation and submission." — Section 22, Resource Sustainability Act 2019
This provision ensures the integrity and reliability of the data and plans submitted, enabling effective monitoring and enforcement.
Finally, Section 23 mandates that producers keep and maintain complete and accurate records related to their reports, plans, and compliance monitoring activities. These records must be maintained in accordance with requirements prescribed under section 52.
"23. —(1) A producer of specified packaging who is required under this Part to submit any report or plan to the Agency must keep and maintain complete and accurate records containing such information, and in accordance with such other requirements, as may be prescribed under section 52, relating to — (a) those reports and plans, including the preparation and submission of the reports and plans; and (b) monitoring and evaluation undertaken by the person to ensure compliance with this Act." — Section 23, Resource Sustainability Act 2019
This record-keeping obligation exists to facilitate audits, investigations, and enforcement actions, thereby promoting accountability and compliance.
Definitions in Part 4 of the Resource Sustainability Act 2019
Section 19 provides detailed definitions of key terms to ensure precise interpretation and application of the Act’s provisions. These definitions are foundational to understanding the scope and obligations imposed by the Act.
Among the defined terms are:
- Franchise, franchisee, franchisor: These terms clarify the relationships and control mechanisms within business arrangements that may affect packaging supply chains.
- Goods: Defined broadly to include raw or processed products, ensuring comprehensive coverage.
- Packaging: Defined as any material used for containment, protection, handling, delivery, or presentation of goods, excluding materials retained by producers for re-use.
- Prescribed threshold criteria: Criteria such as annual turnover or quantity of specified packaging imported or used, which determine whether a producer is subject to reporting obligations.
- Regulated goods and specified packaging: These terms delineate the goods and packaging types subject to the Act, with exclusions prescribed as necessary.
- Supply: Defined expansively to include sale, lease, hire, and other forms of supply, ensuring broad regulatory reach.
- Producer: Defined with specificity to include persons who import or use specified packaging in the course of supplying regulated goods, with certain exclusions.
"19. —(1) In this Part, unless the context otherwise requires — “franchise” means a written agreement or arrangement between 2 or more persons by which — (a) a party (called in this definition the franchisor) to the agreement or arrangement authorises or permits another party (called in this definition the franchisee), or a person associated with the franchisee, to exercise the right to engage in the business of offering, selling or distributing goods or services in Singapore under a plan or system controlled by the franchisor or a person associated with the franchisor; (b) the business carried on by the franchisee or the person associated with the franchisee (as the case may be) is capable of being identified by the public as being substantially associated with a trade or service mark, logo, symbol or name identifying, commonly connected with or controlled by the franchisor or a person associated with the franchisor; and (c) the franchisor exerts, or has authority to exert, a significant degree of control over the method or manner of operation of the franchisee’s business; “franchisee” is the person described in the definition of “franchise” as the franchisee; “franchisor” is the person described in the definition of “franchise” as the franchisor; “goods” includes raw or processed products or goods; “packaging” means any material or combination of materials used for the containment, protection, handling, delivery or presentation of any goods, but does not include any material that remains in the possession of a producer of specified packaging to be re‑used for the containment, protection, handling, delivery or presentation of any goods; “prescribed threshold criteria”, in relation to a producer, means all or any of the following criteria, as may be prescribed: (a) the annual turnover of the producer; (b) the quantity of specified packaging imported or used by the producer; “regulated goods” means any goods other than goods prescribed as excluded from this definition; “specified packaging” means any packaging other than any type of packaging prescribed as excluded from this definition; “supply”, in relation to any regulated goods, includes — (a) the supply of the regulated goods by way of sale (including by barter or exchange), lease, loan, hire or hire‑purchase; (b) the supply of the regulated goods by retail or by wholesale; (c) the supply of the regulated goods in connection with any agreement; and (d) the offer to supply the regulated goods or exposure of the regulated goods for supply. (2) In this Part, “producer”, in relation to any specified packaging, means a person (A) who carries on a business of supplying regulated goods in Singapore and in furtherance of that business — (a) imports specified packaging by importing regulated goods that have been packed into or with, or wrapped with, specified packaging; or (b) uses specified packaging — (i) by packing the regulated goods into or with specified packaging or wrapping the regulated goods with specified packaging; (ii) by engaging another person to do anything mentioned in sub‑paragraph (i) for or on behalf of A or otherwise causing anything mentioned in sub‑paragraph (i); (iii) where A supplies the regulated goods to a retailer, by providing specified packaging to the retailer that A requires the retailer to use in connection with the retailer’s supply of the regulated goods; or (iv) where A is a retailer, by providing the specified packaging to a consumer who purchases regulated goods from A, to enable the consumer to put the regulated goods into the specified packaging, but does not include a person who does anything mentioned in paragraph (b)(i) for or on behalf of a Singapore‑connected person, or the retailer mentioned in paragraph (b)(iii)." — Section 19, Resource Sustainability Act 2019
These definitions exist to ensure that the Act’s obligations are appropriately targeted and that the regulatory framework can be effectively administered without confusion or loopholes.
Penalties for Non-Compliance with Packaging Reporting and Planning Obligations
The Act imposes strict penalties to enforce compliance with the reporting, planning, and record-keeping obligations. These penalties are designed to deter non-compliance and ensure that producers take their sustainability responsibilities seriously.
Section 20(4) prescribes penalties for failure to submit the required packaging report:
"20. —(4) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable — (a) on the first conviction to a fine not exceeding $5,000; and (b) on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction. (5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the defendant intended to commit the offence. (6) The offence under subsection (4) is a strict liability offence." — Section 20(4)-(6), Resource Sustainability Act 2019
Similarly, Section 21(3) imposes equivalent penalties for failure to submit the 3R plan:
"21. —(3) A producer who contravenes subsection (1) shall be guilty of an offence and shall be liable — (a) on the first conviction to a fine not exceeding $5,000; and (b) on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction. (4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence. (5) The offence under subsection (3) is a strict liability offence." — Section 21(3)-(5), Resource Sustainability Act 2019
Section 22(3) addresses failure to comply with directions to rectify or resubmit reports or plans, imposing the same penalties:
"22. —(3) A person who fails to comply with a direction under subsection (2) shall be guilty of an offence and shall be liable — (a) on the first conviction to a fine not exceeding $5,000; and (b) on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction. (4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence. (5) The offence under subsection (3) is a strict liability offence." — Section 22(3)-(5), Resource Sustainability Act 2019
Section 23(3) similarly penalizes failure to keep or produce required records:
"23. —(3) A producer who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable — (a) on the first conviction to a fine not exceeding $5,000; and (b) on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction. (4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence. (5) The offence under subsection (3) is a strict liability offence." — Section 23(3)-(5), Resource Sustainability Act 2019
The imposition of strict liability offences, where intent need not be proven, underscores the importance of compliance and places the onus squarely on producers to adhere to their obligations. The escalating penalties for repeat offences and continuing offences further incentivize timely and accurate compliance.
Cross-References to Other Provisions and Acts
The Act cross-references section 52 for the detailed requirements relating to the preparation, submission, and maintenance of reports, plans, and records. This linkage ensures that the procedural and technical standards are centralized and can be updated without amending the core provisions of Part 4.
"22. —(1) A requirement to submit a report or a plan under this Part to the Agency is a requirement to do so in accordance with any requirements prescribed under section 52 for the report or plan, including its preparation and submission." — Section 22(1), Resource Sustainability Act 2019
"23. —(1) ... as may be prescribed under section 52, relating to — (a) those reports and plans, including the preparation and submission of the reports and plans; and (b) monitoring and evaluation undertaken by the person to ensure compliance with this Act." — Section 23(1), Resource Sustainability Act 2019
No explicit references to other Acts are made in the provided text, indicating that the Resource Sustainability Act 2019 operates primarily as a self-contained regulatory framework for packaging sustainability.
Conclusion
The Resource Sustainability Act 2019 establishes a robust regulatory regime for packaging sustainability in Singapore. Through clear definitions, mandatory reporting and planning obligations, stringent record-keeping requirements, and strict penalties for non-compliance, the Act seeks to foster a culture of environmental responsibility among producers. The cross-referencing to section 52 allows for detailed procedural rules to be prescribed, ensuring flexibility and adaptability in implementation. Collectively, these provisions serve the overarching purpose of promoting the reduction, re-use, and recycling of packaging materials, thereby contributing to Singapore’s sustainability goals.
Sections Covered in This Analysis
- Section 19 – Definitions related to packaging reporting
- Section 20 – Reporting obligations for producers
- Section 21 – Submission of 3R plans
- Section 22 – Requirements for reports and plans, including rectification
- Section 23 – Record-keeping and maintenance obligations
- Section 52 – Prescribed requirements for reports, plans, and records (cross-referenced)
Source Documents
For the authoritative text, consult SSO.